G/SPS/N/USA/3430  
9 November 2023  
(23-7570) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved:   
2. Agency responsible:  Food and Drug Administration (FDA)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Waters, including mineral waters and aerated waters, containing 
added sugar or other sweetening matter or flavoured, and other non -alcoho lic beverages 
(excluding fruit, nut or vegetable juices and milk) (HS code(s): 2202)  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Revocation of Authorization for Use of Brominated 
Vegetable Oil in Food; Proposed Rule . Language(s):  English . Number of pages:  6 
https://www.govinfo.gov/content/pkg/FR -2023-11-03/pdf/2023 -24084.pdf  
https://members.wto.org/crnattachments/2023/SPS/USA/23_13387_00_e.pdf  
6. Description of content:  The Food and Drug Administration (FDA or we) is proposing to 
amend our regulations to revoke  the authorization for the use of brominated vegetable oil 
(BVO) in food. This action is being taken because there is no longer a reasonable certainty of 
no harm from the continued use of BVO in food. Specifically, the proposed rule would revoke 
the author ization for the use of BVO as a food ingredient intended to stabilize flavoring oils in 
fruit-flavored beverages. There are no authorizations for other uses of BVO in food.  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protecti on, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   G/SPS/N/USA/3430  
 
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  9. Other relevant documents and language(s) in which these are available:    
10. Proposed date of adoption (dd/mm/yy) : Not applicable.  
Proposed date of publication (dd/mm/yy) : Not applicable.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : Not applicable.  
[ ] Trade facilitating measure   
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : Either electronic or written comments on the 
proposed rule must be submitted by January 17, 2024.  
Agency or authority designated to handle comments: [  ] National Notification 
Authority, [  ] National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
You may submit comments as follows. Please note that late, untimely filed commen ts will 
not be considered. The https://www.regulations.gov  electronic filing system will accept 
comments until 11:59 p.m. Eastern Time at the end of January 17, 2024. Comments 
received by mail/hand delivery/courier (for written/ paper submissions) will be considered 
timely if they are received on or before that date.  
Electronic Submissions  - Submit electronic comments in the following way:  
− Federal eRulemaking Port al: https://www.regulations.gov . Follow the instructions for 
submitting comments. Comments submitted electronically, including attachments, to 
https://www.regulations.gov  will be posted to the docket unchanged. Because your 
comment will be made public, you are solely responsible for ensuring that your 
comment does not include any c onfidential information that you or a third party may 
not wish to be posted, such as medical information, your or anyone else's Social 
Security number, or confidential business information, such as a manufacturing 
process. Please note that if you include y our name, contact information, or other 
information that identifies you in the body of your comments, that information will be 
posted on https://www.regulations.gov . 
− If you want to submit a comment with confidential information that you do not wish to 
be made available to the public, submit the comment as a written/paper submission 
and in the manner detailed (see ''Written/Paper Submissions'' and ''Instructions'').  
Written/Paper Submissions  - Submit written/paper submissions as follows:  
− Mail/Hand Delivery/Courier (for written/paper submissions): Dockets Management Staff 
(HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 
20852.  
− For written /paper comments submitted to the Dockets Management Staff, FDA will post 
your comment, as well as any attachments, except for information submitted, marked 
and identified, as confidential, if submitted as detailed in ''Instructions.''  
Instructions:  
− All submissions received must include the Docket No.  FDA–2023–N–0937 for 
''Revocation of Authorization for Use of Brominated Vegetable Oil in Food.'' Received 
comments, those filed in a timely manner (see addresses ), will be placed in the do cket 
and, except for those submitted as ''Confidential Submissions,'' publicly viewable at 
https://www.regulations.gov  or at the Dockets Management Staff between 9 a.m . and 
4 p.m., Monday through Friday, 240 –402–7500.  
13. Text(s) available from: [  ] National Notification Authority, [  ] National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
Text can be found in the Federal Register, Vol. 88, No. 212, Page 75523 or on the internet 
at: https://www.govinfo.gov/content/pkg/FR -2023-11-03/pdf/2023 -24084.p df